Brady Under Fire

Fate Of 5-day Waiting Period Rests With High Court

June 20, 1996

One of the most sensible and defendable laws on the books is the Brady Handgun Violence Prevention Act, the mature offspring of the renowned Brady Bill that took so long to work its way through Congress. The Brady Act requires background checks of people trying to buy handguns and allows law enforcement agencies up to five days to complete the checks. People with serious crimes or a history of mental illness or drug addiction on their records are denied purchase of handguns.

For people with nothing to hide, no harm is done in making them wait less than a week to claim their purchases. Troublemakers don't have even that luxury. As of February, the Brady Act had prevented handgun sales to more than 60,000 people in two years.

Virginia, and some other states, are exempted from the five-day requirement because they have instant checks; Virginia's are done by the State Police.

Who, then, could possibly be opposed to the Brady Act? A couple of county sheriffs, who claim that they are unduly burdened by the time required to perform background checks, and that the federal government can't tell them what to do under the Tenth Amendment regarding states' rights.

The burden argument doesn't carry much weight. The sheriffs could argue they are burdened by running jails and serving papers, as far as that goes. Even the Justice Department agrees that the question of the federal government's power is something the U.S. Supreme Court should decide.

The Brady Act requires that a nationwide instant background check be in place by Nov. 30, 1998. A high court ruling on the sheriffs' challenge is expected by July 1997. To let the five-day rule lapse for a year would be foolish.